A05305 Summary:

BILL NOA05305B
 
SAME ASSAME AS S04013-B
 
SPONSORMiller MG
 
COSPNSRWeprin
 
MLTSPNSR
 
Add §404-ee, V & T L; add §99-ee, St Fin L
 
Relates to the issuance of distinctive Down's syndrome awareness license plates and the creation of the "Down's syndrome research fund".
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A05305 Actions:

BILL NOA05305B
 
02/07/2017referred to transportation
05/16/2017amend (t) and recommit to transportation
05/16/2017print number 5305a
01/03/2018referred to transportation
05/03/2018amend and recommit to transportation
05/03/2018print number 5305b
05/09/2018reported referred to ways and means
05/22/2018reported
05/24/2018advanced to third reading cal.947
05/31/2018passed assembly
05/31/2018delivered to senate
05/31/2018REFERRED TO TRANSPORTATION
06/04/2018SUBSTITUTED FOR S4013B
06/04/20183RD READING CAL.1341
06/04/2018PASSED SENATE
06/04/2018RETURNED TO ASSEMBLY
07/19/2018delivered to governor
07/31/2018signed chap.125
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A05305 Committee Votes:

TRANSPORTATION Chair:Perry DATE:05/08/2018AYE/NAY:20/0 Action: Favorable refer to committee Ways and Means
GanttExcusedMcDonoughAye
PerryAyeMalliotakisAye
CusickAyeRaAye
LupardoAyeDiPietroAbsent
CrespoAyeMurrayAye
ThieleAyeFriendAye
BronsonAyeByrneAye
SkoufisAye
SteckExcused
BrindisiExcused
SimonAye
Jean-PierreAye
HunterAye
HyndmanAye
WilliamsAye
RyanAye
WrightAye

WAYS AND MEANS Chair:Weinstein DATE:05/22/2018AYE/NAY:29/0 Action: Favorable
WeinsteinAyeOaksAye
LentolAyeCrouchAye
SchimmingerExcusedBarclayAye
GanttExcusedFitzpatrickAye
GlickAyeHawleyAye
NolanAyeMalliotakisAye
PretlowAyeWalterAye
PerryAyeMontesanoExcused
ColtonAyeCurranAye
CookAyeRaAye
CahillAye
AubryAye
HooperExcused
ThieleAye
CusickAye
OrtizExcused
BenedettoAye
WeprinAye
RodriguezAye
RamosExcused
BraunsteinAye
McDonaldAye
RozicAye
Peoples-StokesAye
SimotasAye

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A05305 Floor Votes:

DATE:05/31/2018Assembly Vote  YEA/NAY: 127/1
Yes
Abbate
ER
Cook
ER
Garbarino
Yes
Lupardo
Yes
Pellegrino
Yes
Stec
Yes
Abinanti
Yes
Crespo
Yes
Giglio
ER
Magee
Yes
Peoples-Stokes
No
Steck
ER
Arroyo
Yes
Crouch
Yes
Glick
Yes
Magnarelli
ER
Perry
Yes
Stern
Yes
Ashby
Yes
Curran
Yes
Goodell
Yes
Malliotakis
Yes
Pheffer Amato
Yes
Stirpe
Yes
Aubry
Yes
Cusick
Yes
Gottfried
Yes
McDonald
Yes
Pichardo
Yes
Tague
Yes
Barclay
Yes
Cymbrowitz
Yes
Gunther
Yes
McDonough
Yes
Pretlow
ER
Taylor
Yes
Barnwell
Yes
Davila
Yes
Hawley
Yes
Mikulin
Yes
Quart
Yes
Thiele
Yes
Barrett
Yes
De La Rosa
Yes
Hevesi
Yes
Miller B
Yes
Ra
ER
Titone
Yes
Barron
Yes
DenDekker
ER
Hikind
Yes
Miller MG
Yes
Raia
ER
Titus
Yes
Benedetto
Yes
Dickens
ER
Hooper
Yes
Miller ML
Yes
Ramos
Yes
Vanel
ER
Bichotte
Yes
Dilan
Yes
Hunter
Yes
Montesano
ER
Richardson
Yes
Walker
ER
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Morelle
Yes
Rivera
Yes
Wallace
Yes
Blankenbush
ER
DiPietro
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Walsh
ER
Bohen
Yes
D'Urso
Yes
Jean-Pierre
Yes
Mosley
Yes
Rosenthal D
Yes
Walter
Yes
Brabenec
Yes
Englebright
Yes
Jenne
Yes
Murray
Yes
Rosenthal L
Yes
Weinstein
Yes
Braunstein
Yes
Epstein
Yes
Johns
Yes
Niou
Yes
Rozic
Yes
Weprin
Yes
Brindisi
Yes
Errigo
Yes
Jones
Yes
Nolan
Yes
Ryan
Yes
Williams
Yes
Bronson
Yes
Espinal
Yes
Joyner
Yes
Norris
Yes
Santabarbara
Yes
Woerner
Yes
Buchwald
Yes
Fahy
Yes
Kim
Yes
Oaks
Yes
Schimminger
Yes
Wright
ER
Butler
Yes
Fernandez
Yes
Kolb
Yes
O'Donnell
Yes
Seawright
Yes
Zebrowski
Yes
Byrne
Yes
Finch
Yes
Lalor
Yes
Ortiz
Yes
Simon
Yes
Mr. Speaker
Yes
Cahill
Yes
Fitzpatrick
Yes
Lavine
Yes
Otis
Yes
Simotas
Yes
Carroll
Yes
Friend
Yes
Lawrence
Yes
Palmesano
Yes
Skoufis
ER
Castorina
Yes
Galef
Yes
Lentol
Yes
Palumbo
Yes
Smith
Yes
Colton
ER
Gantt
Yes
Lifton
Yes
Paulin
Yes
Solages

‡ Indicates voting via videoconference
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A05305 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5305--B
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 7, 2017
                                       ___________
 
        Introduced  by  M.  of  A. M. G. MILLER -- read once and referred to the
          Committee on Transportation --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          recommitted to the Committee  on  Transportation  in  accordance  with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN  ACT  to amend the vehicle and traffic law and the state finance law,
          in relation to the issuance of distinctive Down's  syndrome  awareness
          license plates and the creation of the "Down's syndrome research fund"
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
     2  section 404-ee to read as follows:
     3    §  404-ee.  Distinctive  Down's syndrome awareness license plates.  1.
     4  Any person residing in this state  shall,  upon  request,  be  issued  a
     5  distinctive  license  plate  in support of Down's syndrome awareness and
     6  research bearing the phrase "Down's Syndrome Awareness"  and  any  other
     7  phrases  and  design approved by the commissioner.  Application for said
     8  license plate shall be filed with the  commissioner  in  such  form  and
     9  detail as the commissioner shall prescribe.
    10    2. A distinctive plate issued pursuant to this section shall be issued
    11  in  the same manner as other number plates upon the payment of the regu-
    12  lar registration fee prescribed by section  four  hundred  one  of  this
    13  article;  provided, however, that an additional annual service charge of
    14  twenty-five dollars shall be charged for such plates.
    15    3. Each twenty-five dollars received  as  the  annual  service  charge
    16  under  this  section  shall  be  deposited  to the credit of the "Down's
    17  syndrome research fund" established pursuant to  section  ninety-nine-ee
    18  of  the  state  finance  law  and  shall be used for research undertaken
    19  pursuant to section ninety-nine-ee of the state finance law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09103-04-8

        A. 5305--B                          2
 
     1    § 2. The state finance law is amended by adding a new section 99-ee to
     2  read as follows:
     3    § 99-ee. Down's syndrome research fund. 1. There is hereby established
     4  in the joint custody of the commissioner of taxation and finance and the
     5  comptroller a fund to be known as the "Down's syndrome research fund".
     6    2.  Such  fund  shall  consist  of  all  revenues received pursuant to
     7  section four hundred four-ee of the vehicle  and  traffic  law  and  all
     8  other  moneys  appropriated,  credited  or  transferred thereto from any
     9  other fund or source pursuant to law.  Nothing contained in this section
    10  shall prevent the state from receiving grants, gifts or bequests for the
    11  purposes of the fund as defined in this section and depositing them into
    12  the fund according to law.
    13    2-a. On or before the first day of February each year, the comptroller
    14  shall certify to the governor, temporary president of the senate, speak-
    15  er of the assembly, chair of the senate finance committee and  chair  of
    16  the  assembly ways and means committee, the amount of money deposited in
    17  the Down's syndrome research fund during the preceding calendar year  as
    18  the  result  of revenue derived pursuant to section four hundred four-ee
    19  of the vehicle and traffic law and from grants, gifts and bequests.
    20    2-b. On or before the first day of February each year, the commission-
    21  er of the  office  for  people  with  developmental  disabilities  shall
    22  provide  a  written  report  to  the  temporary president of the senate,
    23  speaker of the assembly, chair of the senate finance committee, chair of
    24  the assembly ways and means committee, chair of the senate committee  on
    25  mental  health  and  developmental  disabilities,  chair of the assembly
    26  committee on mental health, the state comptroller and the  public.  Such
    27  report shall include how the monies of the fund were utilized during the
    28  preceding calendar year, and shall include:
    29    (i)  the amount of money disbursed from the fund and the award process
    30  used for such disbursements;
    31    (ii) recipients of awards from the fund;
    32    (iii) the amount awarded to each;
    33    (iv) the purposes for which such awards were granted; and
    34    (v) a summary financial plan for such monies which shall include esti-
    35  mates of all receipts and all disbursements for the current and succeed-
    36  ing fiscal years, along with the actual results from  the  prior  fiscal
    37  year.
    38    3.  Monies  of  the  fund  shall  be expended only for Down's syndrome
    39  research projects approved by the office for people  with  developmental
    40  disabilities  in  New  York  state.  As  used  in this section, the term
    41  "Down's syndrome research project" means scientific research approved by
    42  the office for people with developmental disabilities into  the  causes,
    43  prevention, screening, treatment and cure of Down's syndrome.
    44    4.  Monies  shall be payable from the fund on the audit and warrant of
    45  the comptroller on vouchers approved and certified by  the  commissioner
    46  of the office for people with developmental disabilities.
    47    5.  To  the  extent  practicable,  the  commissioner of the office for
    48  people with developmental disabilities  shall  ensure  that  all  monies
    49  received  during  a  fiscal  year  are expended prior to the end of that
    50  fiscal year.
    51    § 3. 1. A distinctive plate established pursuant to section 404-ee  of
    52  the  vehicle and traffic law shall only be designed, produced and issued
    53  upon the delivery to the department of motor vehicles of a  surety  bond
    54  in  the  amount  of  six  thousand dollars, which shall be executed by a
    55  surety company authorized by the department  of  financial  services  to
    56  transact  business in this state. Provided, however, that if the commis-

        A. 5305--B                          3
 
     1  sioner of motor vehicles shall have  received  prior  to  plate  design,
     2  production and issuance at least two hundred orders for such distinctive
     3  plate  together  with the additional annual service charge applicable to
     4  each  such  order,  which  shall  be non-refundable, no such surety bond
     5  shall be required.  All  service  charges  collected  pursuant  to  this
     6  section  shall be deposited pursuant to the provisions of section 404-oo
     7  of the vehicle and traffic law to the credit of the department of  motor
     8  vehicles  distinctive plate development fund established by section 95-g
     9  of the state finance law and shall be used for the  design,  production,
    10  advertising and distribution of distinctive license plates in accordance
    11  with such section 95-g.
    12    2.  If, upon the expiration of two years following the date upon which
    13  distinctive plates in the  series  are  first  available  for  sale  two
    14  hundred  or more sets of such plates are sold, a bond delivered pursuant
    15  to this section shall be discontinued. If fewer than two hundred sets of
    16  such plates are sold by such time,  the  department  of  motor  vehicles
    17  shall be entitled to recover against the bond in an amount proportionate
    18  to such shortfall.
    19    § 4. This act shall take effect on the one hundred eightieth day after
    20  it  shall  have become a law; provided, however that section two of this
    21  act shall take effect immediately; and provided  further,  however  that
    22  effective immediately, the addition, amendment and/or repeal of any rule
    23  or regulation necessary for the implementation of this act on its effec-
    24  tive  date  are  authorized  and directed to be made and completed on or
    25  before such effective date.
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